TERMS AND CONDITIONS
By ordering any goods offered on the timotheeparis.com website, you agree to be bound by the Sales Terms and Conditions (the “T&C’s”).
Please read these terms of sale carefully before placing any Order via this site.
The T&C’s detailed below apply to all orders placed with Timothée Paris for all products and services offered on the Website. They can be accessed at any times on the Website.
Timothée Paris reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a customer implies complete adherence, without reservation, to these terms and conditions.
2. Information about us
This site is operated by Timothée Paris, a brand of French Company Lémon. Unless otherwise stated, we are the supplier of the goods available via this site.
Lémon is a “Societé A Responsabilité Limitée” (SARL) with a share Capital of 2000 €, incorporated in Paris, France. Our main address is 14 rue du Dahomey, 75011 Paris, registered with the Paris Company and Trade register under no. 829 618 107, with an intra-community VAT no. FR 09 82 96 18 107 (hereinafter “Timothée”, “Timothée Paris” or “Lémon” the “Company”).
3. Access to site
is an e-commerce merchant owned and managed by Lémon SARL
The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by Timothée Paris or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognised by the French courts. Timothée Paris is not liable for any damage incurred by an unavailability of the Website.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifiers) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breaches of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms & Conditions or if any details you provide for the purposes of registering as a user prove to be false.
By creating the Personal Account, the client ensures the accuracy and completeness of the data provided. The client shall update their personal data. If an error occurs relating to the recipient address, Timothée Paris shall not be held liable in case of any inability to deliver the products ordered.
In order to place an order, the client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to Timothée Paris’s payment provider. Timothée Paris reserves the right to refuse any request or order and to close an account at its sole discretion.
Website’s availability or accessibility might not be guaranteed at times. For technical maintenance and/or security reasons, Lémon Paris may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
Lémon reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
The Products are owned and sold on the Website by Timothée Paris. Timothée attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. All our shoes have manual processes of production, therefore may have minor differences from one pair to another.
The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes. Timothée has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot hold the liability of Timothée Paris. Timothée Paris cannot be liable in case of an order cancellation because of stock depletion.
It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the customer may either exercise his right of withdrawal, or implement the Timothée Paris guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
5. Order and availability
Orders may only be placed under the “T&Cs” by individual consumers and by businesses purchasing goods for purposes other than for resale. Any resale of Goods purchased following an Order under these terms of sale, is strictly prohibited.
After placing an Order, you may receive an email from Timothée acknowledging receipt of your Order. This does not mean that the Order has been accepted.
The Order constitutes an offer by you to buy the Goods specified in your Order, on these terms of sale. All Orders are subject to acceptance by Timothée. We will only accept an Order after we have checked that the Goods are in stock and received authorisation to process your payment for the Goods. Where Timothée accepts an Order, it will confirm its acceptance to you by email. Please note that Orders placed via the website, outside our normal business hours (Monday to Friday between 10 am to 6 pm CENTRAL EUROPEAN TIME, excluding bank holidays) will not be processed until the following business day.
The Contract between you and Timothée will only be formed when you have paid in full for the Goods and are sent the Order Acceptance, and not before.
All Orders are subject to availability. Where we are unable to supply all of the Goods listed in your Order, our Order Acceptance will list only the Goods that we are able to supply. If, for any reason, any or all of the Goods you have ordered become unavailable after the date of our Order Acceptance, we will make reasonable efforts to notify you of this as soon as we are able to do so.
For every Order, you must provide complete and accurate information during the ordering procedure. The information requested shall include: title, surname, first name, phone number, e-mail address, delivery and invoicing address. You should check that the information you provide accurately reflects your selection before placing your Order.
6. Price & Payment
Timothée Paris reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
Prices are mentioned in Euros (€) and include VAT where applicable (European Union) unless it is stated otherwise on the relevant page of the site.
The client may at any time change or remove the products added to their “Basket”. The client may modify at any time their “Basket” before validating the order. The Basket will summarize all products selected by the client.
Delivery costs are excluded and will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen different delivery method.
The final price payable for your Order will include the delivery charge. Processing and delivery charges are liable to change at any time (in which case the site will be updated accordingly), but changes will not affect Orders in respect of which you have already been sent an Order Acceptance.
The purchases shall be settled either via PayPal, or via the secure platform provided by our partner STRIPE. The client expressly acknowledges that disclosure of their bank card number to Timothée Paris gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by Timothée Paris to the email address registered by the client. Please note only accepts payment by the following cards: Mastercard®, Visa®, American Express®
Any currency conversion costs or other charges incurred in making a payment will be borne by you in addition to the price due to us.
If any of the Goods ordered are unavailable, only the price and delivery cost of relating to the available Goods will be debited.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
If you are located in European Union, the price indicated includes V.A.T. If you are located outside the European Union, the price excludes V.A.T and some Tax Duties may be applicable. Please check with the Customs of your own Country to be able to estimate the Tax Duties you may have to pay.
Except where refunds are given in accordance with these terms of Conditions, Timothée will not reimburse any VAT paid on purchases made via this site (in particular in the event where the buyer, after receiving the Goods, re-exports them to a country outside the European Union).
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by Timothée Paris. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company Timothée Paris.
Timothée takes reasonable care to ensure that its online payment facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such facility, nor can we guarantee that the facility is virus or error free. We also try to ensure that your payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent upon many factors outside of our control, such as delays in the banking system or in card networks. Access to the online payment facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such facility and will do what we can to restore the facility as soon as reasonably possible.
Despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card, and Products will not be despatched until this pre-authorisation check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the Terms & Conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
7. Risk and ownership
Ownership of Goods will pass to you when Timothée receives payment in full of all sums due in respect of the Goods, including any applicable delivery and/or processing charges. The Products ordered will at your risk from the time of delivery or collection.
Delivery operates at the time of the transfer of the product’s physical possession to the Client (the “Delivery”). The risk of loss or deterioration of the Product is transferred to the Client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery and returns”.
The client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the customer, products will be returned to Timothée Paris, which will contact the customer to organize another Delivery.
Orders are shipped within 12 business days at most for a Delivery in metropolitan France and 20 business days for an International Delivery, from the date after the confirmation of the Order. Nevertheless, the period may be extended up to 10 working days, especially after the launch of a new collection and during December, considering the significant increase of the orders volume.
Timothée Paris cannot be liable for the late Delivery caused by a case of force majeure (as defined below).
If the delivery time is exceeded and is not justified by a case of force majeure, the customer may request the cancellation of the sale and within a maximum period of 15 days will receive a refund of the Order. Timothée Paris cannot be liable of any direct or indirect damage resulting from delay of delivery.
If you order Product(s) for international delivery, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
Goods will be shipped to the delivery address(es) specified during ordering. For security reasons, Timothée reserves the right not to process or deliver any orders for which a communal postal PO Box address or a hotel address is provided.
Goods will be delivered using express courier like DHL and there is a fixed fee delivery cost of €15.00 in the European Union and €25.00 for the rest of the World for each order payable in addition to the cost of the Goods.
Timothée reserves the right to divide your Order into several shipments. Your credit card shall then be charged in accordance with the price of Goods actually delivered. The delivery costs shall only be charged for a single delivery in accordance with the information contained in your Order Acceptance.
You should check that your Goods are correct and complete on delivery. If there are any discrepancies or problems with your Order when the Goods are delivered to you, you should note the nature of the discrepancy or problem (for instance, damaged Goods) on the delivery note, and sign it. You should then contact the Customer Care by e-mail to email@example.com.
9. Cancellation by us
Timothée Paris reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of Timothée Paris to satisfy the client expectations, Timothée Paris may be obliged to cancel an order even after having sent a confirmation by email. In such case, the order will be reimbursed.
Timothée Paris cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
10. Order refusals, refunds & returns
Any non-professional Client could use its withdrawal right during a period of 14 days from the Delivery.
In such case, the Client shall contact Timothée Paris at firstname.lastname@example.org. The return request will be confirmed by Timothée Paris to the customer by email. The customer shall follow the procedure mentioned in the confirmation of the email.
The products shall be returned to Timothée Paris within 14 days from the day of the Delivery. After 14 days, the sale is final.
Returned Products must conform to our returns policy below.
You have a legal obligation to take reasonable care of the products while they are in your possession, and you must return them in the same condition in which you receive them (except to the extent reasonably necessary to examine them). This includes the following guidelines: Shoes and accessories should be returned unworn (other than to try them on) in the original boxes provided and inside a protective shipping box; unwashed, undamaged and unused with their original tags left on.
If you fail to comply with the above obligations (including the conditions of return), we may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).
We recommend that you return Products in their original packaging to ensure the necessary protection when in transit. When cancelling a purchase and returning Products to us you have two options available to you:
Depending on where you live, exercise your right to cancel under the Consumer Contracts. If you choose this option you will be refunded the full price for the Product(s) (subject to our Returns Policy) and the cost of standard delivery but will be liable for the organisation and cost of returning the Product(s) to us.
Use our Free Returns service. If you choose this option you can return the Products(s) for free and will be refunded the full price for the Product(s) (subject to our Returns Policy) but not the delivery charges.
To cancel an order or part of an order, you must clearly inform us by email at email@example.com giving us your name, address and order reference
Repayment of the Client is made subject to the receipt of the Products returned by Timothée Paris and its excellent condition. Except as otherwise indicated by the customer, repayment will be made through the same payment means used to pay the Order. Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk.
In all cases, the expenses of returning the product are borne by Timothée Paris if the product delivered is damaged or different from the product ordered. If the customer does not adhere to these terms and conditions, including conditions of return or exchange, Timothée Paris cannot proceed to refund the products in question.
Returns of Goods will not be accepted if the Client does not accept to pay for their local Custom Duties when applicable.
11. Guarantees and Responsabilities
Timothée Paris makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server that makes it available. In this respect, the customer agrees that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Website is done at customer’s own risk and the customer will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
Timothée Paris is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Website; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
Timothée Paris shall be liable to the Client for the legal warranty of conformity, according to Art. L211-4 of the French Consumer Code.
The Customer may also introduce an action based on the latent defect as the meaning of Article 1641 and seq. of the French Code Civil. Such legal guarantee of latent defect allows the Customer to choose between the repayment of the product, or a discount on the selling price, according to Art. 1644 of French Civil Code.
Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here:
Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”
Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the customer in the form of a sample or model; b) have the qualities that a customer might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particularly in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the customer that has been brought to the notice of the seller and which the latter has accepted.”
Art. L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.” Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the client would not have purchased it, or would only have offered a lower price for it, had they known of them.”
Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”
12. Force Majeure
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
13. Partial Invidity
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
14. intellectual Property
The trademark “Timothée” and all the figurative elements apposed to the product, the packaging and the website, are protected by trademark law, and are the exclusive property of Timothée Paris. Any and all reproductions, in all or in part, modification or use of this trademark and figurative elements, for any purpose and on whatever media, is prohibited or subject to prior written agreement of Timothée Paris.
15. Applicable Laws and Jurisdiction
These General T&Cs are governed by the laws of France.
In the event of a dispute between the Client and Timothée Paris concerning the interpretation, performance or termination of this T&C’s, Timothée Paris strongly encourages the Client to contact the company in the first instance to attempt to resolve the disagreement amicably. Timothée Paris hereby notifies Clients that there are alternative dispute settlement options such as mediation or arbitration.
If no amicable solution to the dispute is found, Timothée Paris and the Client agree to refer the dispute to the French courts.